IN THE HIGH COURT OF JHARKHAND AT RANCHI ------

(Against the Judgment of conviction dated 27.11.2024 and Order of Sentence dated 29.11.2024 passed by learned Special Judge, Cyber Crime, Jamtara in Cyber Case No. 10 of 2019)

------

Iqbal Rashid, aged about 38 years, S/o- Afzal Rashid, R/o-

Village- Chengaidih, P.O.+P.S.- Jamtara, District- Jamtara … Appellant Versus The State of Jharkhand … Respondent ------

For the Appellant : Mr. Mahesh Tewari, Advocate For the Resp.- State : Mr. Naveen Kr. Ganjhu, Addl.P.P.

------

P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

2. This appeal under Section 415(2) of B.N.S.S., 2023 has been preferred against the Judgment of conviction dated 27.11.2024 and the Order of sentence dated 29.11.2024 passed by the learned Special Judge, Cyber Crime, Jamtara in Cyber Case No. 10 of 2019 whereby and where under the learned trial court has held the appellant guilty of the offences punishable under Sections 419, 420, 120B of the Indian Penal Code and Section 66D of the Information Technology Act, 2000 and he has been sentenced as follows:-

Name of Offence Sentence Convict Default Section- 2 sentence Fine

419 of the years 3 Rs.5,000/-

I.P.C. R.I. Months S.I.

Default Section- 4 sentence Fine

420 of the years 6 Rs.25,000/-

I.P.C. R.I. Months Iqbal S.I.

Default Rashid sentence Section- 2 Fine 3

120B of years Rs.5,000/- Months the I.P.C. R.I.

S.I.

Default Section-

3 sentence

66D of Fine years 3 the I.T. Rs.25,000/-

R.I. Months Act S.I.

3. The case of the prosecution in brief is that the appellant in criminal conspiracy with the co-accused persons was involved in cyber crime by making call over mobile phone to gullible persons and deceiving them to part with money through online mode by using threats or by alluring them. The Officer-in-charge of Cyber Crime Police Station, Jamtara on 26.09.2018, got secret information about cyber crime being committed at the place of occurrence. At about 15:10 Hours, on seeing the police team, four of the accused persons indulging in cyber crime started to flee away; but the appellant was caught at the spot while other three co-accused persons escaped. From the possession of the appellant, two mobile phones with active SIM Cards and one motorcycle were recovered. From the place of occurrence, three other mobile phones with active SIM Cards were recovered along with several SIM Cards kept in the bunch of paper and one more motorcycle was also recovered. It is stated that three other persons who succeeded in fleeing away from the place of occurrence, are the associates of the appellant. It was found out that in the mobile phone recovered from the possession of the appellant, Nineteen e- Wallets were installed but the SIM Card was was obtained on the basis of forged document, in the name of a person. The appellant confessed his guilt before the police and disclosed the details of the Bank Accounts in the name of several persons. The appellant admitted that Kamaluddin is a commission agent and the appellant defrauded money from gullible persons through cyber crime by using Debit Card of Kamaluddin, on giving a share of twenty per cent of the money withdrawn as a commission to Kamaluddin.

4. On the basis of the statement made by the informant- police officer, police registered Jamtara Cyber Crime Case no. 39 of 2018 and took up investigation of the case and after investigation of the case, submitted charge sheet against the appellant while keeping the investigation pending against three other co-accused persons. The charges were framed against the appellant to which the appellant pleaded not guilty.

5. In support of its case, the prosecution altogether examined four witnesses. The appellant-accused persons did not examine any witness in his defence. PW-1 namely Chitranjan Mishra- Inspector of Police stated about the raid being conducted on getting secret information that the appellant and the co-accused persons were indulging in cyber- crime, by the side of the r